State v. Demientieff

On June 10, 2006 the State of Alaska brought suit challenging the Federal Subsistence Board’s customary and traditional (C&T) use finding for subsistence uses of moose by members of the Chistochina Tribe. A positive C&T finding entitles residents for a specific community to the subsistence priority under Title VIII of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3101, et seq. (“ANILCA”). Chistochina was granted intervention in this action to protect its C&T status for moose.

On June 27, 2007 the district court entered an Order in favor of defendant United States and Chistochina against the State and upholding the Federal Subsistence Boards customary and traditional (C&T) use finding for subsistence uses of moose by members of the Chistochina Tribe. Appellate briefs were completed and oral argument was heard on August 4, 2008.

On September 23, 2008, the Ninth Circuit rendered its decision affirming the ruling of the District Court in Chistochina’s favor.